Course coordinator
Adjunct Professor Jonathan Fulcher
Course overview
- Study period
- Semester 2, 2025 (28/07/2025 - 22/11/2025)
- Study level
- Postgraduate Coursework
- Location
- External
- Attendance mode
- Online
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
This course undertakes a detailed examination of relevant legislation and practice with respect to mining and natural resources law in Australia and internationally. The course seeks to develop students' ability to solve complex legal problems relevant to the resources industry.
The mining and natural resources industries are central to the Australian economy. The industries depend heavily on exports and are exposed to the volatile pricing of commodities in international markets. Australian companies are active in exploration and production throughout the world and particularly in developing countries. They are thus subject to international trends that neither country can control, but that will shape the future course of all natural resource industries.
The course will be taught in a framework which problematizes the Enlightenment approach to the natural world as a thing eminently available for exploitation. It will examine this approach in light of ‘green’ post-Enlightenment philosophies such as radical ecology, anthropocentric philosophy, rights of nature and earth jurisprudence and indigenous world views. It will ask what contribution if any positivist law can make to reshape a post-Enlightenment approach given the fundamental challenges of climate change and environmental damage.
This course will introduce participants to the broad regulatory framework applicable to natural resource industries in Australia with occasional comparisons to the Canadian responses to similar problems. The framework will consider the framework against the background of the overriding global challenges of climate change and indigenous rights, which will inevitably affect the future of natural resource industries in both countries. The course will focus in particular on the regulatory regimes that apply to mining, hydrocarbon production, forestry and water resources and how industries can cope with emerging challenges.
The course will include presentations by lawyers who are experts in the mining and water sectors. The topics covered in the course may include (but are not limited to):
- Enlightenment attitudes to nature and the post-Enlightenment reaction
- overview of mining and natural resources industry;
- overview of Queensland, Australian Commonwealth and international regulatory models with respect to the mining, hydrocarbon and water sectors.
- common investment and management structures and standard industry agreements (farm-ins, joint ventures, operating agreements);ﾠ
- access to land, compensation agreements and overlapping interests and tenures;ﾠ
- trade practices in mining and petroleum ventures especially as they seek to eliminate corrupt practices;ﾠ
- climate change and environmental management in the resources sector;
- native title and cultural heritage.
Course requirements
Restrictions
LLM, LLM(Adv), LLM(#16), LLM(#24), MICLaw
Course contact
Course staff
Lecturer
Adjunct Professor Jonathan Fulcher
Dr William Isdale
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
ﾠ
Aims and outcomes
Education Mission Statement
The mission of the School of Law is to educate you in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role is thus to guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
At the end of the course participants should be able to demonstrate a sound working knowledge of key legal concepts related to the mining and natural resources industry, and a particular understanding of the challenges associated with the rapidly changing regulatory environment from an international and comparative perspective. They should also be able to argue a case for the law’s role in transforming Western attitudes to nature. Participants will develop the capacity to identify key legal challenges and principles for project owners and developers, investors, and purchasers in Australia and elsewhere. Participants will be encouraged to apply principles learned in the course to specific factual situations. Participants will gain a detailed appreciation for the multifaceted environmental, social and industrial constraints that drive the resources industry regulatory framework in Australia and an understanding of how international regulatory and environmental developments already have an impact on Australian resources regulation and policy and on how this impact may increase in the future. ﾠ
Learning outcomes
After successfully completing this course you should be able to:
LO1.
Demonstrate knowledge and understanding of the basic principles and issues that arise in mining and resources law in Australia and internationally.
LO2.
Analyse and interpret fact patterns to identify legal risk to resources projects at the exploration, project development and operational stages.
LO3.
Develop a detailed understanding of mining and resources joint venture agreements how they affect the life cycle of a project.
LO4.
Continue to develop a critical appraisal of the place of equity, contract and property law concepts and issues in the mining and resources sector.
LO5.
Demonstrate an understanding of key themes shaping the evolving regulatory framework for the mining sector including climate change, resource nationalism, infrastructure access, shipping and transport concerns, and overlapping tenure rights among mining, agricultural and petroleum stakeholders.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Participation/ Student contribution, Quiz |
Short answer questions
|
20% |
30/08/2025 - 28/09/2025
30, 31 Aug; 27, 28 Sep |
| Paper/ Report/ Annotation |
Research Proposal
|
20% |
18/09/2025 2:00 pm |
| Paper/ Report/ Annotation |
Research Paper
|
60% |
30/10/2025 2:00 pm |
Assessment details
Short answer questions
- In-person
- Online
- Mode
- Written
- Category
- Participation/ Student contribution, Quiz
- Weight
- 20%
- Due date
30/08/2025 - 28/09/2025
30, 31 Aug; 27, 28 Sep
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
There will be 10 short answer questions to be answered throughout the semester of lectures. The first two lectures will have two questions to answer each. The remaining lectures will have one question each to answer. The questions won’t necessarily have a yes or no answer, but are more to see how you are reflecting on the course content. You will need to have answered 75% of the questions to ensure you receive the 20% of marks allotted to this component of the assessment for the course.
This task has been designed to be challenging, authentic and complex. Whilst students may use AI and/or MT technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI and MT tools.
Submission guidelines
Deferral or extension
You cannot defer or apply for an extension for this assessment.
Research Proposal
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 20%
- Due date
18/09/2025 2:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
Students will be required to prepare a research proposal on a subject to be agreed with the course coordinator. Words in excess of the 2250 word limit will not be considered.
The research proposal should address the following elements:
- Justification – why do you consider that the topic warrants investigation? What is its significance, within the resources sector and or for the community?
- Research methodology – a statement of the type and range of primary and/or secondary sources that will be gathered and analysed in order to investigate the topic.
- Analytical approach – explain how it is proposed to structure the research paper in order to produce a coherent argument, identify the evaluative criteria that will be used to produce a critical analysis, and set out a draft essay plan.
- Preliminary bibliography – what sources have been used in order to produce the research proposal. Students are expected to undertake original research themselves, using appropriate original sources (legislation and cases), textbooks, academic and professional journals and electronic information technology.
This task has been designed to be challenging, authentic and complex. Whilst students may use AI and/or MT technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI and MT tools.
Submission guidelines
The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.
Deferral or extension
You may be able to apply for an extension.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Research Paper
- Online
- Mode
- Written
- Category
- Paper/ Report/ Annotation
- Weight
- 60%
- Due date
30/10/2025 2:00 pm
- Learning outcomes
- L01, L02, L03, L04, L05
Task description
Students will be required to prepare a research paper on a subject to be agreed with the course coordinator. The maximum word limit is 5250 words. Words in excess of the limit will not be considered. Students should note that it is the quality, not quantity, of the writing that matters.
This task has been designed to be challenging, authentic and complex. Whilst students may use AI and/or MT technologies, successful completion of assessment in this course will require students to critically engage in specific contexts and tasks for which artificial intelligence will provide only limited support and guidance.
A failure to reference generative AI or MT use may constitute student misconduct under the Student Code of Conduct.
To pass this assessment, students will be required to demonstrate detailed comprehension of their written submission independent of AI and MT tools.
Submission guidelines
The assignment must be submitted electronically via the assessment submission link on the course Learn.UQ (Blackboard) site.
Deferral or extension
You may be able to apply for an extension.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure.
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Supplementary assessment
Supplementary assessment is available for this course.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Week 5 |
Seminar |
Day 1 1. Introductions, expectations, grading 2. Enlightenment and post-Enlightenment views of nature 3. Discussion of Natural Resources and Energy Regulation in Australia and Participants Submissions 4. Overview of the Resources Industry in Australia, Canada and internationally 5. Challenges to the Resources Industry: Climate Change and Indigenous Rights 6. Detailed discussion on the Mineral Resources Act and the Common Resources Act structure Learning outcomes: L01, L02, L03, L04, L05 |
Seminar |
Day 2 1. Environmental law and policy for the mining sector 2. Climate Change Regulation: International Initiatives and Domestic Regulation. 3. Mining Legislation: A Critical Appraisal 4. In depth discussion: Drafting and negotiating mining joint venture agreements 5. Research Papers: Content and Expectations Learning outcomes: L01, L02, L03, L04, L05 |
|
Week 9 |
Seminar |
Day 3 1. The Hydrocarbon Sector in Australia 2. Coal Seam Gas: Regulation and Prospects 3. Unconventional Hydrocarbon Production: Hydraulic Fracturing 4. Australia and Natural Gas 5. Forestry law in Queensland Learning outcomes: L01, L02, L03, L04, L05 |
Seminar |
Day 4 1. Indigenous Rights and the Natural Resource Industries 2. Indigenous Rights and the Native Title Act 3. The Duty to Consult: Australia, Canada and International Developments 1. Water Resources Law and Policy in Australia 2. Water and the Extractive Industries Learning outcomes: L01, L02, L03, L04, L05 |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments for Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: